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INTERSTATE DISPATCH, INC. v. SEARS ROEBUCK & COMPANY

Civ. No. 2405.

170 F.Supp. 170 (1958)

INTERSTATE DISPATCH, INC. v. SEARS ROEBUCK & COMPANY, a corporation; John Thomas Powers; James Nolan; Clifford Nolan; James Nolan and Clifford Nolan d/b/a Nolan Stock Yards; and Basil Lepak.

United States District Court N. D. Indiana, Hammond Division.

November 13, 1958.

Attorney(s) appearing for the Case

Strom & Whitted, Gary, Ind., for plaintiff.

J. Edwin Smith, Gary, Ind., for defendants Sears Roebuck & Co. and John Thomas Powers.

Wildermuth, London & Wallace, Gary, Ind., for defendants James Nolan and Clifford Nolan dba Nolan Stock Yards, etc.

SWYGERT, Chief Judge.

The cause now before this court was first initiated in the Lake Superior Court sitting at Gary, Indiana. The cause was subsequently removed to this court by defendant Sears Roebuck & Company pursuant to Title 28 United States Code, § 1441.

The accident out of which this action arose occurred in Whitley County, Indiana. A truck owned by defendant Sears Roebuck & Company and driven by defendant Powers collided with a truck...

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